COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 76
(By Senators Kessler, Yoder, Plymale, Foster and Unger)
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[Originating in the Committee on the Judiciary;
reported February 16, 2007.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §49-5-13c, relating
to penalties for minors adjudicated delinquent for alcohol
consumption.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §49-5-13c, to read as
follows:
ARTICLE 5. JUVENILE PROCEEDINGS.
§49-5-13c. Graduated sanctions for juvenile alcohol consumption.
(a) Notwithstanding any provision of this article to the
contrary, in addition to any other penalty available to the court,
any child who is adjudicated to have consumed an alcoholic beverage
in violation of the provisions of this code shall:
(1) Upon a first adjudication, he or she shall be ordered to
perform community service for not more than eight hours or fined not more than twenty-five dollars, or both.
(2) Upon a second adjudication, he or she shall be ordered to
perform community service for not more than sixteen hours or fined
not more than fifty dollars, or both.
(3) Upon a third or subsequent adjudication, he or she shall
be ordered to perform not more than twenty-four hours of community
service or fined not more than one hundred dollars, or both.
(b) In addition to the penalties set forth in subsection (a)
of this section and notwithstanding the provisions of subdivision
(4), subsection (c), section thirteen-b of this article, any child
adjudicated a second time for consumption of alcoholic beverages
shall have his or her license to operate a motor vehicle suspended
for a definite term of not less than five nor more than ninety
days. Any child adjudicated a third or subsequent time for
consumption of an alcoholic beverage shall have his or her license
to operate a motor vehicle suspended until he or she attains the
age of eighteen years.
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(NOTE: The purpose of this bill is to set out particular
penalties for underage drinking.
This section is new; therefore, strike-throughs and
underscoring have been omitted.)
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